Prof. Ann Eisenberg publishes article in Environmental Law Vol. 47

In 2017 Prof. Ann Eisenberg published the article Alienation and Reconciliation in Social-Ecological Systems in the Environmental Law, Vol. 47, No. 1. This Article examines one case study, the Malheur Comprehensive Conservation Plan planning process, as an illustration of adaptive governance successfully reconciling ranchers, environmentalists, tribes, and several agencies — mitigating anti-federal/anti-environmental alienation and the work/environment rift, to the benefit of federal SES climate adaptation mechanisms (and showing that Malheur was an ironic choice for Bundy’s protest). By contrast, a second case study, the administrative rulemaking process that created the EPA’s Clean Power Plan illustrates how process can fuel alienation and undermine the substance of federal climate policy. Adaptive governance receives more consideration for public lands and adaptation issues than for climate mitigation, but there is potential in the EPA/mitigation context to apply some of the adaptive governance/reconciliation principles illustrated at Malheur.